Carlson Auction Service, Inc. v. Kansas Corporation Comm'n

Walker, J.:

*346 The Kansas Corporation Commission (Commission) appeals from the district court's decision reversing the Commission's decision to impose a fine on Carlson Auction Service, Inc. (Carlson), for failing to register and pay Unified Carrier Registration Act (UCR) fees when it employed a driver to drive an empty tow truck from Carlson's auction house in Topeka to the purchaser in Missouri. On appeal, we hold that Carlson was not a private motor carrier operating as a carrier of property or passengers without a license or permit to do so and affirm the district court's reversal of the…